REGISTERED No. D. 231
The Gazette of India
EXTRAORDINARY
PART II- Section 2
PUBLISHED BY AUTHORITY
No. 39 ] NEW DELHI TUESDAY , SEPTEMBER 22 , 1964/ BHADRA 31 , 1886
Separate paging is given to thie Part in order that it may be filed as a separate compilation
LOK SABНА
The following Bill was introduced in Lok Sabha on the 22nd September , 1964: -
BILL NO . 63 of 1964
A Bill to supplement the provisions of the Warehousing Corporations
Act, 1962 .
58 of 1962 .
WHEREAS , in pursuance of clause ( 1 ) of article 252 of the Consti- tution, resolutions have been passed by the Legislatures of certain States to the effect that storage of commodities other than those cover- ed by the Warehousing Corporations Act , 1962 , in warehouses run 5 by the corporations established under that Act , shall be regulated in those States by Parliament by law;
AND WHEREAS , in consequence thereof it is necessary to supple- ment the provisions of the said Warehousing Corporations Act for the purposes hereinafter appearing ;
IC BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows :-
1. ( 1 ) This Act may be called the Warehousing Corporations (Supplementary ) Act , 1964 .
(2) It shall apply to the States specified in the Schedule :
Short title, application and com- mence . ment .
15 Provided that the Central Government may , by notification in the Official Gazette , add the names of any other States to the Sche- dule in respect whereof resolutions have been passed by the Legis- latures of those States adopting this Act under clause ( 1 ) of article
(637) THE GAZETTE OF INDIA EXTRAORDINARY [PART II 638
58 of 1962 .
252 of the Constitution in respect of the storage of commodities other than those covered by the Warehousing Corporations Act , 1962 , and on the issue of any such notification the States so added shall be deemed to be States specified in the Schedule within the meaning of this sub - section .
5
(3) It shall come into force on such date as the Central Gov- ernment may , by notification in the Official Gazette , appoint .
58 of 1962
IO 2. The Warehousing Corporations Act , 1962 , shall , in its applica- tion to the States for the time being specified in the Schedule , have effect as if in clause ( e) of section 2 of that Act the words to and figures " being a commodity with respect to which Parliament has power to make laws by virtue of entry 33 in List III in the Seventh Schedule to the Constitution " had been omitted .
Appli- cation of the Act with respect notified commo- dities .
THE SCHEDULE
[See section 1 ( 2 ) ]
15 1. Andhra Pradesh .
2. Gujarat .
3. Kerala .
4. Madras .
5. Punjab .
20 6. Uttar Pradesh .
SEC . 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
639
STATEMENT OF OBJECTS AND REASONS
Sections 11 and 24 of the Warehousing Corporations Act , 1962 (58 of 1962 ) , enable the Central Warehousing Corporation and the State Warehousing Corporations to run their warehouses for the storage of agricultural produce , seeds , manures , fertilizers , agricul- tural implements and notifled commodities , i.e. , any commodity (other than agricultural produce ) which the Central Government may, by notification in the Official Gazette , declare to be a notified commodity for the purposes of the Act , being a commodity with respect to which Parliament has power to make laws by virtue of entry 33 in list III in the Seventh Schedule to the Constitution . There has been a constant demand for the storage of other commodities also like tobacco , lac and wool which cannot be stored in the ware- houses under the existing provisions of the Act . Legislation en- abling the Central Warehousing Corporation and the State Ware- housing Corporations to store in their warehouses commodities like tobacco , lac and wool is relatable to matters enumerated in entry 26 and entry 27 of list II in the Seventh Schedule to the Constitu- tion and Parliament has no power to make a law for the States (apart from the provisions of articles 249 and 250 of the Constitu- tion) unless the Legislatures of two or more States pass a resolution in pursuance of article 252 of the Constitution , empowering Parlia- ment to pass the necessary legislation on the subject . The Legisla- tures of the States of Andhra Pradesh , Gujarat , Kerala , Madras , Punjab and Uttar Pradesh have passed such resolutions . The Bill is intended to give effect to the resolutions passed by the Legisla- tures of the aforesaid States .
C. SUBRAMANIAM .
NEW DELHI;
The 6th September , 1964
S. L. SHAKDHER ,
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1964